Item 4GCITY OF
SOUTHLAK
MEMORANDUM Item
February 19, 2013
To: Shana Yelverton, City Manager
From: Alicia Richardson, City Secretary
Subject: Resolution No. 13-020, Appoint members to the Zoning Board
of Adjustment to fulfill vacancies
Action Requested: Appoint members to Zoning Board of Adjustment to fill unexpired
terms.
Background
Information: A Home Rule Charter of the City of Southlake was approved by the
voters in a duly called Charter election on April 4, 1987.
In the Home Rule Charter, Chapter XI concerns Planning and
Zoning, and Section 11.02 allows for a Board of Adjustment, which
shall have all of the powers and authority as set forth in state law
and such additional powers and privileges as may be duly assigned
to it by the ordinances of the City.
Pursuant to Section 44.1, of Ordinance No. 480, as amended, the
Board of Adjustment was established to consist of five (5) members
and four (4) alternates to be appointed by the City Council. The
term of office for said members shall be for two years. Three (3)
members and two (2) alternates shall be appointed to serve terms
beginning in odd numbered years and two (2) members and two (2)
alternates shall be appointed to serve terms beginning in even
numbered years.
Section 44.2, of Ordinance No 480, as amended, provides for the
proceedings of the board. "All cases to be heard by the Board of
Adjustment shall always be heard by a minimum of four (4)
members." Likewise, Section 44.7, states that "the concurring vote
of four members of the Board shall be necessary to reverse any
order, requirement, decision, or determination of the Administrative
Official, or to decide in favor of the applicant on any matter upon
which the Board is required to pass under this ordinance, as
amended), or to approve any variance."
Most recently, the City has received two resignations from alternate
board members.
1. Ms. Nicole Smith, term expiring June 30, 2014; and
2. Ms. Lisa Amend, term expiring June 30, 2013.
These resignations, coupled with the existing alternate vacancies,
place the Board at risk of not having a quorum to conduct business.
To assist Council with appointments, a listing of applications
currently on file with the City Secretary's Office is being provided.
The following citizens currently serve on the Zoning Board of
Adjustment
Name
Term Expires
Originally appointed to Board
Paul Venesky, Place 1
June 30, 2014
November 15, 2011 (served as Alternate
No. 4, until June 2012)
Shawn McCaskill, Place 2
June 30, 2013
August 17, 2010 (served as Alternate No. 3,
until June 2011)
Dustin Andrews, Place 3
June 20, 2013
August 3, 2010 (served as Alternate Nos. 4
and 2, until April 2012)
Daniel Kubiak, Place 4
June 20, 2014
August 6, 2011 (served as Alternate No. 3,
until June 2012)
Phyllis Lambert, Place 5
June 30, 2013
August 3, 2010 (served as alternate No. 2,
until June 2011)
Vacant, Alternate No. 1
June 30, 2013
Vacant, Alternate No. 2
June 30, 2014
Vacant, Alternate No. 3
June 30, 2013
Vacant, Alternate No. 4
June 30, 2014
Financial
Considerations:
Strategic Link:
This item was originally brought forward to Council on February 19,
2013. At this meeting, Council directed staff to promote vacancies
and contact existing applicants to determine interest in the current
vacancies on the Zoning Board of Adjustment and Planning and
Zoning Commission. Council further directed staff to schedule a
date to interview applicants.
The City Secretary's Office reached out to the existing applicants
who submitted an application in 2012 that indicated an interest in
the Zoning Board of Adjustment and Planning and Zoning
Commission. The enclosed listing indicates the applicants who
were interested in the vacancies.
City staff publicized the vacancies on the City's website and on
MySouthlakenews.com. The City received four new applications.
The enclosed listing identifies the new applicants.
Not applicable
C5: Promote
involvement
Citizen Input/
Board Review: Not applicable
opportunities for partnerships and volunteer
Legal Review: Not applicable
Supporting
Documents: Resolution No. 13-020
Applicant Listing
RESOLUTION NO. 13-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO FILL
UNEXPIRED POSITIONS ON THE ZONING BOARD OF
ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake has a Zoning Board of Adjustment as stated in
the City Home Rule Charter, Chapter XI, Section 11.02; and,
WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5)
member board with four (4) alternate members to serve for two-year terms; and,
WHEREAS, there are four (4) vacancies for the following:
• Alternate 1, term expiring June 2013, due to resignation of Lisa
Amend;
• Alternate 2, term expiring June 2014, due to resignation of Nicole
Smith;
• Alternate 3, term expiring June 2013, due to resignation of Dennis
Simoson; and
• Alternate 4, term expiring June 2014, due to Paul Venesky being
appointed to Place 1
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. All of the findings in the preamble are found to be true and correct and the
City Council hereby incorporates said findings into the body of this
resolution as if copied in their entirety.
Section 2. The City Council hereby appoints the following persons to serve on the
Zoning Board of Adjustment:
Alternate 1, term expiring June 2013
Alternate 2, term expiring June 2014
Alternate 3, term expiring June 2013
Alternate 4, term expiring June 2014
Section 4. This resolution shall become effective after its passage and approval by
the City Council.
PASSED AND APPROVED THIS THE 191" DAY OF MARCH, 2013.
CITY OF SOUTHLAKE, TEXAS
BY:
John Terrell, Mayor
ATTEST:
Alicia Richardson, City Secretary
Applicant Listing
Name
Interest
Interest to be
Interviewed by
considered
Council in
(existing
2012?
applicants from
2012)
Gerardo E.
(1) Southlake Business
Left Message on
Yes — Oct. 9,
Castagnet
Council
2/26/2013
2012
(2) Planning and Zoning
No response
Commission
(3) Southlake Parks
Development Corporation
(4) Senior Advisory
Commission
(5) Parks and Recreation
Board
(6) Southlake Arts Council
(7) SPIN
(8) Zoning Board of
Adjustment
(9) Crime Control and
Prevention District Board
(10) Building Board of Appeals
Tammy Dorney
(1) Southlake Parks
*New Applicant*
No, application
Development Corporation
received on
(2) Parks and Recreation
March 8, 2013
Board
(3) Planning and Zoning
Commission
(4) Zoning Board of
Adjustment
(5) Building Board of Appeals
(6) Southlake Arts Council
(7) SPIN
(8) Building Board of Appeals
(9) Crime Control and
Prevention District Board
(10) Senior Advisory
Commission
(11)Southlake Business
Council
Scott A. Dyche
(1) Planning and Zoning
*New Applicant*
No
Commission
(2) Zoning Board of
Adjustment
Ronald Evans
(1) SPIN
On February 17,
No
Resigned SPIN
(2) Planning and Zoning
2013, Mr. Evans
position —
Commission
sent e-mail to
moved out
(3) Zoning Board of
Council expressing
SPIN #10.
Adjustment
desire to serve on
'GUFF N
(4) Southlake Business
P&Z or ZBA.
mom
Council
(5) Parks and Recreation
Board
(6)Southlake Parks
Development Corp.
(7) Crime Control and
Prevention District Board
(8) Building Board of Appeals
(9) Library Board
(10) Southlake Arts Council
(11) Senior Advisory
Commission
John Huffman
(1) Planning and Zoning
*New Applicant*
No, application
Commission
received on
(2) Southlake Business
March 3, 2013.
Council
(3) Southlake Parks
Development Corporation
(4) SPIN
(5) Southlake Arts Council
(6) Parks and Recreation
Board
(7) Library Board
(8) Crime Control and
Prevention District Board
(9) Building Board of Appeals
(10)Senior Advisory
Commission
(11) Zoning Board of
Adjustment
Merlene
(1) Southlake Arts Council
Yes
No
Ingrham
(2) Planning and Zoning
(current Southlake
Commission
Arts Council
(3) Library Board
member)
(4) Parks and Recreation
Board
J.C. Johnson
(1) Planning and Zoning
No
Yes —October 9,
(current Southlake
Commission
2012
Business Council
(2) Southlake Business Council
member)
Daniel Kubiak
(1) Planning and Zoning
Yes
No, application
(current Zoning
Commission
received on
Board of
March 1, 2013.
Adjustment
member)
Paul Lepicier
(1) Planning and Zoning
*New Applicant*
No, application
Commission
received on
(2) Zoning Board of Adjustment
March 1, 2013.
Wayne Luzius
(1) Building Board of Appeals
No — will be moving
No
(current Building
(2) Planning and Commission
to Dallas eventually
Board of Appeals
(3) Zoning Board of Adjustment
member)
(4) Southlake Business Council
(5) Crime Control and Prevention
District Board
(6) Parks and Recreation Board
(7) Southlake Parks Development
Corporation
(8) SPIN
(9) Southlake Arts Council
(10) Senior Advisory Commission
(11) Library Board
Kourosh
(1) Planning and Zoning
Yes
No
Panathy
Commission
(2) Southlake Business Council
(3) Building Board of Appeals
(4) Crime Control and Prevention
District Board
Shawn
(1) Planning and Zoning
On March 1, 2013 —
No, application
McCaskill
Commission
sent e-mail to CSO
received on
(Zoning Board of
(2) Zoning Board of Adjustment
advising interest in
March 1, 2013.
Adjustment
P&Z vacancy
member)
Matt Schirle
(1) Planning and Zoning
No
Yes — October 9,
(current SPIN and
Commission
2012
Southlake
(2) Southlake Business Council
Business Council
(3) Southlake Parks Development
member)
Corporation
(4) SPIN
Paul Venesky
(1) Zoning Board of Adjustment
No - would like to
No
(current ZBA
(2) Building Board of Appeals
focus on serving on
member)
(3) Planning and Zoning
ZBA
Commission
(4) Southlake Parks Development
Corporation
(5) Parks and Recreation Board
(6) Southlake Business Council
(7) SPIN
(8) Crime Control and Prevention
District
(9) Library Board
(10) Southlake Arts Council
(11) Senior Advisory Commission